On April 17, 2015, the United States District Court for the Eastern District of Kentucky heard a case where the Plaintiff brought a sexual harassment case alleging Title VII hostile work environment along with a few other claims. (See Halcomb v. Black Mountain Resources, LLC, 2015 WL 1757919 (E.D. KY 2015)). The defendants in this case file da motion to dismiss which was granted in part and denied in part. Id.
The plaintiff in this Louisville Hostile Work Environment case is a coal miner. Id. He worked at one location that was operated by defendant Black Mountain Resources. Black Mountain is a subsidiary of defendant Alpha Natural Resources, Inc. Id. Plaintiff was hired by filling out an application at Black Mountain’s office. But, his paychecks come from Alpha’s address. Id.
Plaintiff’s Louisville Hostile Work Environment Lawyer alleged that two supervisors sexually grabbed plaintiff’s genitals and used crude, vulgar sexual language. Id. A few months after this occurred, plaintiff complained to both defendants about this. Plaintiff eventually filed a sex discrimination charge with the EEOC. Id. The EEOC did find that there was evidence that plaintiff was subjected to a hostile work environment. A short time after, plaintiff’s Louisville Hostile Work Environment Lawyer filed the sexual harassment/hostile work environment lawsuit.
Title VII recognized hostile work environment claims based on sexual harassment when a plaintiff proves five elements: 1 ) he is a member of a protected class, 2) he was subjected to unwelcome sexual harassment, 3) the harassment was based on his sex, 4) the harassment created a hostile work environment, and 5) the employer is liable. Id. (cites omitted). The case at hand was considered a same-sex harassment case Louisville Hostile Work Environment Lawyer. Id. As to the motion to dismiss, the Amended Complaint filed by his Louisville Hostile Work Environment Lawyer met their burden and thus this allegation was not dismissed.
As to the hostile work environment the court did not dismiss this allegation either at this time. It found that the allegations as plead met their burden on both an objective and subjective test. Next, as to the employer liability in a hostile work environment claim, the court looked at tow theories, the co-worker liability and supervisors’ liability. Id. The court held that both defendants were potentially liable for co-worker harassment at this time. That liability is established and the employer is liable if it “knew or should have known of the charged sexual harassment and failed to implement prompt and appropriate corrective action.” (cites omitted).
There were state law claims that the court reviewed as well. The Louisville Hostile Work Environment Lawyer was hoping to get these in as well. But, the court dismissed them for reasons we will not get into at this time. Finally, the punitive damages and Kentucky workers’ compensation act claims were dismissed as well in that the state law claims were dismissed. Id.
If you have been the subject of a Louisville Hostile Work Environment Lawyer case, please call and speak to a Louisville Hostile Work Environment Lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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